Shofar FTP Archive File: imt/nca/nca-01/nca-01-01-agreement

Archive/File: imt/nca/nca-01/nca-01-01-agreement
Last-Modified: 1996/05/03
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Chapter 1
AGREEMENT BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA;
THE PROVISIONAL GOVERNMENT OF THE FRENCH REPUBLIC, THE GOVERNMENT OF
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND
THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS FOR
THE PROSECUTION AND PUNISHMENT OF THE MAJOR WAR CRIMINALS OF THE
EUROPEAN AXIS.
WHEREAS the United Nations have from time to time made
declarations of their intention that War Criminals shall be
brought to justice;
AND WHEREAS the Moscow Declaration of 30 October 1943 on German
atrocities in Occupied Europe stated that those German
Officers and men and members of the Nazi Party who have been
responsible for or have taken a consenting part in
atrocities and crimes will be sent back to the countries in
which these abominable deeds were done in order that they
may be judged and punished according to the laws of these
liberated countries and of the free Governments that will be
created therein;
AND WHEREAS this Declaration was stated to be without
prejudice to the case of major criminals whose offenses have
no particular geographic location and who will be punished
by the joint decision of the Governments of the Allies;
NOW THEREFORE the Government of the United States of
America, the Provisional Government of the French Republic,
the.Government of the United Kingdom of Great Britain and
Northern.Ireland and the Government of the Union of Soviet
Socialist Republics (hereinafter called "the Signatories")
acting in the interests of all the United Nations and by
their representatives duly authorized thereto have concluded
this Agreement.
Article 1. There shall be established after consultation
with the Control Council for Germany an International
Military Tribunal for the trial of war criminals whose
offenses have no particular geographical location whether
they be accused individually or in their capacity as members
of organizations or groups or in both capacities.
Article 2. The constitution, jurisdiction and functions of
the International Military Tribunal shall be those set out
in the Charter
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annexed to this Agreement, which Charter shall form an
integral part of this Agreement.
Article 3. Each of the Signatories shall take the necessary
steps to make available for the investigation of the charges
and trial the major war criminals detained by them who are
to be tried by the International Military Tribunal. The
Signatories shall also use their best endeavors
to make available for investigation of the charges against
and the trial before the International Military Tribunal
such of the major war criminals as are not.in the
territories of any of the Signatories.
Article 4. Nothing in this Agreement shall prejudice the
provisions established by the Moscow Declaration concerning
the return of war criminals to the countries where they
committed their crimes.
Article 5. Any Government of the United Nations may adhere
to this Agreement by notice given through the diplomatic
channel to the Government of the United Kingdom, who shall
inform the other signatory and adhering Governments of each
such adherence.
Article 6. Nothing in this Agreement shall prejudice the
jurisdiction or the powers of any national or occupation
court established or to be established in any allied
territory or in Germany for the trial of war criminals.
Article 7. This Agreement shall come into force on the day
of signature and shall remain in force for the period of one
year and shall continue thereafter, subject to the right of
any Signatory to give, through the diplomatic channel, one
month's notice of intention to terminate it. Such
termination shall not prejudice any proceedings already
taken or any findings already made in pursuance of this
Agreement.
IN WITNESS WHEREOF the Undersigned have signed the present
Agreement.
DONE in quadruplicate in London this 8th day of August 1945
each in English, French and Russian, and each text to have
equal authenticity.
For the Government of the United States of America
[signed] ROBERT H. JACKSON
For the Provisional Government of the French Republic
[signed] ROBERT FALCO
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For the Government of the United Kingdom of Great Britain and
Northern Ireland
[signed] JOWITT C.
For the Government of the Union of Soviet Socialist
Republics
[signed] I. T. NIKITCHENKO
[signed] A. N. TRAININ

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